§ 7-19. TRAFFIC CONTROLS FOR STREET AND HIGHWAY CONSTRUCTION AND MAINTENANCE OPERATIONS FOR MUNICIPAL ROADS.
7-19(a) Findings. The Sayreville Mayor and Borough Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations and utility work, above or below ground, which requires blocking the roadway and obstructing the normal flow of traffic and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the workforces performing these operations.
(Ord. No. 405-18 , 4-23-2018)
7-19(b) Adoption of Manual. The Borough of Sayreville, in the County of Middlesex, State of New Jersey, does hereby adopt the current Manual on Uniform Control Services for Streets and Highways hereafter known as the MUTCD as a minimum standard, except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility that fails to comply with the provisions of the MUTCD while performing such work is in violation of this section.
(Ord. No. 405-18 , 4-23-2018)
7-19.1 Preconstruction Meeting. It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the Public Utility Agreement, Section 16:25-9.2, wishing to conduct work on, under or above the street to contact the Traffic Bureau of the Sayreville Police Department in order to arrange a preconstruction meeting and submit a traffic control plan for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to the start of such work, or whose plan is not approved by the Chief of Police or his/her designee, is in violation of this section.
(Ord. No. 405-18 , 4-23-2018)
7-19.2 Emergency Contact Telephone Numbers. The person, contractor or utility shall provide at least two emergency contact telephone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. The contractor or utility shall also provide the twenty-four (24) hour contact numbers for the Traffic Control Manager. If for any reason emergency contact cannot be made, or if the emergency contact person does not respond to a call from the Police Department to correct such hazardous condition(s), the Borough of Sayreville may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the Borough of Sayreville shall be charged to the person, contractor or utility responsible for the condition.
(Ord. No. 405-18 , 4-23-2018)
7-19.3 Hours. There shall be no construction, maintenance operations or utility work on any roadway in the Borough before the hour of 9:00 a.m. or after 3:30 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 3:30 p.m. by the Chief of Police or his/her designee. If it is determined that the construction or maintenance operations prior to 9:00 a.m. or after 3:30 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. and 3:30 p.m.
(Ord. No. 405-18 , 4-23-2018)
7-19.4 Road Closing. Road closing and/or traffic detours shall not be permitted unless approved by the Chief of Police or his/her designee.
(Ord. No. 405-18 , 4-23-2018)
7-19.5 Traffic Directors. Traffic directors shall be posted at all construction or maintenance sites when determined by the Chief of Police or his/her designee that same is necessary to provide for the safe and expeditious movement of traffic.
(Ord. No. 405-18 , 4-23-2018)
7-19.6 Stop Work. The Chief of Police or his/her designee shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard for any violation of this section. This stoppage shall last until the conditions causing same are remedied to the approval of the Chief of Police or his designee.
(Ord. No. 405-18 , 4-23-2018)
7-19.7 Site Preparation and Conditions. It is expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk until any necessary traffic control devices, including, but not limited to, all construction, signs, light devices and pavement markings are installed. Furthermore there will be no materials, vehicles or equipment left in the roadway nor will there be any unprotected open excavations during non-working hours. All roadway will remain in satisfactory condition to accept vehicular traffic during non-working hours.
(Ord. No. 405-18 , 4-23-2018)
7-19.8 Violations and Penalties. Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof, be subject to a penalty as follows:
i.
The minimum fine to be imposed for a first offense shall be not less than five hundred ($500.00) dollars and/or be imprisoned for a term not exceeding ninety (90) days.
ii.
For any second offense the fine shall be not less than seven hundred fifty ($750.00) dollars and/or be imprisoned for a term not exceeding ninety (90) days.
iii.
For a third or subsequent offense, pay a fine of not less than one thousand ($1,000.00) and/or be imprisoned for a term not exceeding ninety (90) days.
A separate offense shall be deemed committed on each day during or on which violation occurs or continues. Failure to abate a violation within twenty-four (24) hours after notice of violation shall be considered a separate offense.
(Ord. No. 405-18 , 4-23-2018)